(SS) (PS) Reade v. Commissioner of Social Security, No. 2:2014cv01862 - Document 7 (E.D. Cal. 2014)
Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 10/8/14 ORDERING that the Clerk assign a District Judge to this action. This case as been randomly assigned to District Judge Garland E. Burrell, Jr.. Hencefor th, the new case number is 2:14-cv-01862 GEB CKD (SS) (PS). It is RECOMMENDED that this action be dismissed for lack of prosecution. This matter is referred to Judge Garland E. Burrell, Jr.. Within 14 days after being served with these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. (Kastilahn, A)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 SHERRI READE, 12 Plaintiff, 13 14 15 No. 2:14-cv-1862 CKD PS v. ORDER and FINDINGS AND RECOMMENDATIONS CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant. 16 17 By order filed August 18, 2014, plaintiff was directed to submit to the United States 18 19 Marshal a completed summons and copies of the complaint within fourteen days, and to file a 20 statement with the court that said documents had been submitted to the United States Marshal. 21 Plaintiff failed to timely submit the statement of compliance. There is no evidence that plaintiff 22 has taken the proper steps to ensure service of summons by the Marshal. Plaintiff was therefore 23 directed to show cause within fourteen days why this action should not be dismissed for lack of 24 prosecution. That time period has expired and plaintiff has not responded to the order to show 25 cause or otherwise completed the steps necessary to effectuate service. Accordingly, IT IS HEREBY ORDERED that the Clerk of Court assign a District Judge 26 27 to this action; and 28 ///// 1 1 IT IS HEREBY RECOMMENDED that this action be dismissed for lack of prosecution. 2 These findings and recommendations are submitted to the United States District Judge 3 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 4 after being served with these findings and recommendations, any party may file written 5 objections with the court and serve a copy on all parties. Such a document should be captioned 6 “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 7 within the specified time may waive the right to appeal the District Court’s order. Martinez v. 8 Ylst, 951 F.2d 1153 (9th Cir. 1991). 9 Dated: October 8, 2014 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 10 11 12 13 4 reade1862.usm.osc.57 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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